The Law Society prosecution is trying to block Harry Kopyto from bringing a motion to dismiss key parts of their charges against him as he opens his defence next Friday at 9:30 a.m. on September 7, 2012 at the Museum Room, Osgoode Hall. Will it succeed?
At the invitation of the Panel judging his character, Kopyto has asked it to dismiss three allegations against him without requiring him to respond.
First is the allegation that he overbilled the Ontario Legal Aid Plan in the 1980s. His argument? Legal Aid never demanded he repay any money to them. Since deprivation is a legal element of fraud, Harry’s disbarment for allegedly overbilling was a set-up without substance and he should not be required to respond to allegations of fraud.
Second, Kopyto wants the Hearing Panel to dismiss charges that his statements to the media criticizing the court system and the police are proof of bad character. Kopyto relies on the Charter of Rights’ guarantee of freedom of expression in his defence.
Finally, Kopyto argues that failure to show remorse for allegedly defrauding Legal Aid should also be struck from the case against him. Why should he show remorse for something he didn’t do and which the Law Society failed to prove? Insincere apologies are common in judicial proceedings—a game Kopyto refuses to play. Kopyto relies on freedom of conscience guaranteed by the Charter to protect him from being penalized for refusing to make a false apology.
After about 50 hearing days over more than 3 years before 3 Panels, Kopyto is finally taking the stand. He is challenging his harassment by Big Law. This is the first time he has had the floor.
He is asking his supporters to show their solidarity at this critical hearing with a large attendance. Public presence helps ensure fairness and supervision over those who are judging Harry.